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Monday, May 8, 2017

Living Wills and Healthcare Power of Attorneys Help to Make Sure Your Wishes are Met

No one can foresee problems that may arise should he become
incapacitated. Yet, you can avoid negative consequences of unforeseen
problems by creating Living Wills and Healthcare Power of Attorneys
(HCPOA).

Setting up a Living Will or HCPOA is a relatively simple
task. The first step it to consult with an attorney that specializes in
estate planning to ensure that your documents are clear. Here's an
overview of what you can expect from your Living Will and HCPOA.

Healthcare Power of Attorney

The
HCPOA, otherwise known as a "healthcare proxy" is a legal document that
enables an individual that you appoint (your "agent") to act as your
healthcare representative if you become incapacitated. The agent becomes
your acting representative at the moment you become incapacitated, thus
eliminating the need for your loved ones to argue over your rights and
wishes in court.

Your agent has the authority to request or deny
any medical treatment that he determines to be appropriate. Therefore,
it is a good idea to choose someone that you trust as your agent. Please
note: In most states, your spouse will be your default agent. If you
are not married but are in a lifelong relationship your partner, he does
not automatically become your agent. Make sure that you appoint your
partner as your agent to ensure that he or she has control over your
medical decisions if you are unable to make them.

Because your
agent has whatever powers you give him or her, make sure that he or she
understands your desires. Some of the decisions he or she may need to
make include but are not limited to:

Deciding whether or not you will receive medical treatment

Withdrawing life-support

Living Will

A Living Will and HCPOA should be used
in tandem, since one document complements the other. Your Living Will is
a document that clearly expresses your desires. In short, your Living
Will provides your medical team with instructions for how to carry out
your wishes should you become incapacitated. For example, if you become
brain dead, you can state in your Living Will that you wish to receive
or not to receive life support.

By creating a Living Will, you
ensure that your desires will be carried out without court involvement
that can be costly and stressful for your family. Criteria for enacting a
Living Will vary by state; so make sure that you consult with an
attorney to ensure that your Living Will complies with the rules in your
state.